S T A T E O F N E W Y O R K
________________________________________________________________________
4238
2017-2018 Regular Sessions
I N A S S E M B L Y
February 1, 2017
___________
Introduced by M. of A. MURRAY -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to requiring a government
issued photo identification card to be presented when casting a ballot
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 8-303 of the election law, as added by chapter 420
of the laws of 2004 and subparagraph 1 of paragraph (b) of subdivision 3
as amended by chapter 160 of the laws of 2005, is amended to read as
follows:
§ 8-303. [Initial voter] VOTER identification. 1. Applicability. Each
board of elections, in a uniform and nondiscriminatory manner, shall
require a voter to meet the requirements of subdivision two of this
section [if:
(a) the individual registered to vote in a jurisdiction by mail on or
after January first, two thousand three; and
(b) the individual has not previously voted in an election for federal
office in the jurisdiction of the board of elections].
2. Requirements. (a) In general. An individual meets the requirements
of this subdivision if the individual:
(1) in the case of an individual who votes in person: (i) presents to
the appropriate election inspector, clerk or coordinator a current and
valid GOVERNMENT ISSUED photo identification[; or
(ii) presents to the appropriate election inspector, clerk or coordi-
nator a copy of a current utility bill, bank statement, government
check, paycheck, or other government document that shows the name and
address of the voter;] or
(2) in the case of an individual who votes by mail, submits in the
outer envelope with the envelope containing the ballot: [(i)] a copy of
a current and valid GOVERNMENT ISSUED photo identification[; or
(ii) a copy of a current utility bill, bank statement, government
check, paycheck, or other government document that shows the name and
address of the voter].
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06293-02-7
A. 4238 2
(b) Fail-safe voting. [(1)] An individual who desires to vote in
person, but who does not meet the requirements of [subparagraph one of
paragraph (a) of] this subdivision[,] may [cast an affidavit ballot, and
notwithstanding this section of law, such affidavit ballot shall be duly
cast and counted, even though such individual does not meet the require-
ments of subparagraph one of paragraph (a) of this subdivision, provided
such individual casting such ballot is an otherwise eligible voter
pursuant to law, provided further that such ballot otherwise complies
with the requirements of law.
(2) An individual who desires to vote by mail but who does not meet
the requirements of subparagraph two of paragraph (a) of this subdivi-
sion may cast such a ballot by mail and such ballot shall be duly cast
and counted, notwithstanding this section, provided the voter is deter-
mined to be an eligible voter and provided further that such ballot
otherwise complies with the requirements of law.
3. Inapplicability. Subdivisions one and two of this section shall not
apply in the case of a person: (a) who registers to vote by mail and
submits as part of such registration either:
(1) a copy of a current and valid photo identification; or
(2) a copy of a current utility bill, bank statement, government
check, paycheck, or government document that shows the name and address
of the voter;
(b) (1) who registers to vote by mail and submits with such registra-
tion either:
(i) a driver's license or a department of motor vehicles non-driver
photo ID number; or
(ii) at least the last four digits of the individual's social security
number; and
(2) with respect to whom a local board of elections matches the infor-
mation submitted under subparagraph one of this paragraph with an exist-
ing state identification record bearing the number, name and date of
birth of such voter; or
(c) who is: (1) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1
et seq.);
(2) provided the right to vote otherwise than in person under section
3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and Hand-
icapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or
(3) entitled to vote otherwise than in person under any other federal
law] OBTAIN A COPY OF HIS OR HER BIRTH CERTIFICATE FROM THE COUNTY, TOWN
OR VILLAGE CLERK AT NO CHARGE IF HE OR SHE SIGNS AN AFFIDAVIT INDICATING
THAT SUCH BIRTH CERTIFICATE IS NEEDED IN ORDER TO OBTAIN A VALID GOVERN-
MENT ISSUED PHOTO IDENTIFICATION FOR PURPOSES OF CASTING A BALLOT. NO
LATER THAN THE SEVENTH DAY BEFORE THE ELECTION, THE INDIVIDUAL SHALL
SUBSEQUENTLY PRESENT SUCH BIRTH CERTIFICATE TO THE COUNTY, TOWN OR
VILLAGE CLERK WHO SHALL PROVIDE THE INDIVIDUAL WITH A VALID GOVERNMENT
PHOTO IDENTIFICATION, AT NO CHARGE, FOR PURPOSES OF CASTING A BALLOT.
§ 2. Subdivision 2 of section 8-400 of the election law is amended by
adding a new paragraph (e) to read as follows:
(E) ALL APPLICATIONS SHALL BE ACCOMPANIED BY A COPY OF THE APPLICANT'S
VALID GOVERNMENT ISSUED PHOTO IDENTIFICATION AS REQUIRED BY SECTION
8-303 OF THIS ARTICLE. AN INDIVIDUAL MAY OBTAIN A VALID GOVERNMENT
ISSUED PHOTO IDENTIFICATION FOR NO CHARGE AS PRESCRIBED IN PARAGRAPH (B)
OF SUBDIVISION TWO OF SECTION 8-303 OF THIS ARTICLE.
§ 3. This act shall take effect immediately.